Judge Berger leaving 7th Circuit to join appellate court

Tuesday

Judge Wendy C. Berger, who has been on the bench for most of the recent high-profile criminal cases in St. Johns County, has been appointed to the 5th District Court of Appeal by the governor.

Berger said she received a call from Gov. Rick Scott shortly before 6 p.m. Monday to tell her that she was the selection.

"Although I love what I do now, it's (Appellate Court judgeship) more cerebral than trial work," Berger said Tuesday. "I enjoy being a judge. I had an opportunity to apply for a higher position. It is a promotion in terms of what we do."

Berger has been a judge in the 7th Judicial Circuit since 2005. She was an assistant state attorney in the circuit from 1993-2000. In between, she was an assistant general counsel in the Executive Office of the Governor during Gov. Jeb Bush's administration.

She will fill the vacancy created by the retirement of Judge David A. Monaco.

"Judge Berger's varied experience and abiding commitment to judicial restraint make her exceptionally well qualified for the appellate bench," Scott said in a press release. "I am confident that she will administer justice with wisdom and impartiality for years to come."

Berger has a reputation for handing out sentences on the higher end of the guidelines for particular crimes, but she said she tries to weigh each case on its own.

"Every case and every defendant is an individual," she said. "My job is not to make everyone happy. (Sentencing) is never an easy decision, but it is part of the job."

As a certified death penalty judge, Berger has sometimes been in position to make the ultimate decision.

"Death cases are always difficult, which is why you have to be certified, but the law is what it is," she said. "Any judge who handles those cases has a responsibility to follow the law.

"It's not easy for the judge or the parties involved."

Local attorney Tom Cushman said defendants were often eager to avoid getting Berger on their cases because of her reputation. Trying cases in front of Berger might not be any criminal defense attorney's dream, but no one will argue her ability as a judge.

"She has been quite good at following the law," Cushman said. "She's known to give you a good trial."

Added Brandon Beardsley of Mowrey, Shoemaker and Beardsley, "As a defense attorney, she made you earn your money. She did what she thought was right to protect the citizens of the 7th Judicial Circuit."

Despite leaving the circuit, Berger said she doesn't plan to move from her home in St. Augustine. The 5th District Court of Appeal meets in Daytona Beach so she can easily commute.

Berger said the part of her current job that she'll miss the most is working with the drug court. The program functions to assist drug offenders who are trying to get clean.

"I really believe drug court works," Berger said. "I see these people weekly, and I'm so proud of their accomplishments. I'm so proud to be part of a program that changes people's lives."

The departure of Berger will change the lives of those who work in the 7th Circuit.

As of Tuesday, Berger said she wasn't sure when her last day here would be. She has work scheduled for at least the next two weeks but isn't sure about what she'll be doing beyond that.

Judge John Alexander, the administrative judge in the county, said he'd like to have Berger stay until October. But there is no guarantee that will happen.

"Part of the problem is we have an increasing number of foreclosure cases," Alexander said. "We're looking at all options on how we will restructure our division.

"We're going to be in a definite time crunch no matter what. We just have to work it out."

A nominating committee will look for Berger's replacement, but the appointment will come from the governor.

The person who fills the opening left by Berger's absence will not necessarily step into her exact job in the criminal court. A current judge could seek a move into that position.

Alexander said any decision on such a change would ultimately fall to Chief Judge William A. Parsons.

For now, the biggest change will be getting used to the idea of criminal court without Berger.

"I would like people to think that I was fair, that I gave the individual the right to be heard and that I worked hard," Berger said of her legacy in the county. "I just hope everybody (believes) I've done the best job I can possibly do."

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